In the case of Spence v. Washington in 1973, Harold Omand Spence was convicted for displaying an American flag with a peace symbol attached to it on his private property, which violated Washington state law prohibiting the use or display of a United States flag in a manner that could dishonor it. The U.S Supreme Court overturned this conviction arguing that Mr. Spence's act constituted symbolic speech protected by the First Amendment right to free expression. The court held that there was no evidence suggesting any danger to public order from such peaceful political protest and therefore, punishing him would infringe upon his constitutional rights.

In the dissenting opinion for Spence v. Washington, Justice Rehnquist argued that the majority's decision was overly broad and could potentially lead to anarchy. He contended that while freedom of speech is a fundamental right protected by the First Amendment, it does not give individuals unlimited license to express their views in any manner they choose without regard for societal norms or public safety. In this case, he believed that Mr. Spence's act of displaying an American flag upside down with a peace symbol attached constituted conduct rather than speech and thus fell outside the scope of First Amendment protection. Furthermore, he asserted that even if Mr. Spence's actions were considered symbolic speech, they still could be regulated under certain circumstances - such as when they involve misuse of important national symbols like the American flag - in order to maintain social order and respect for national institutions.